Terms of Use

[September 26^th, 2024]

The following Terms of Use apply to the GoodWe services provided by  GoodWe Technologies Co., Ltd. and/or its Affiliates (hereinafter collectively referred to as "GoodWe") (e.g., SEMS-Portal Website and SEMS-Portal).

Introduction

● The User ("User") should read carefully and fully understand the terms of this User Registration Agreement, including exemptions from or limitations of GoodWe's liability and restrictions on Users' rights.

● By accessing or creating an account, the User confirms that he/she is in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire SEMS-Portal Website and SEMS-Portal and any email or other type of communication between users and GoodWe.

● Unless the User accepts this agreement, the User has no right or need to continue to accept GoodWe's services, User can withdraw from this registration. User agrees to accept and continue to use GoodWe's services and assumes that the User has fully accepted this agreement. Please carefully consider whether to accept this agreement.

● After the acceptance of this agreement, this text may be amended due to changes in national policies, products, and the environment in which this agreement is performed. The revised agreement is published on the relevant platform. If the User disagrees with the revised agreement, please stop logging in and stop using GoodWe products and services immediately. If User logs in or continues to use GoodWe products or accounts, they are deemed to approve the revised agreement.

Field of Application

● This "Terms of Use" stipulates access to GoodWe's services.

● When the User uses one or more services, it must acknowledge these Terms of Use.

● The SEMS-Portal may provide fee-based services that are not only subject to these Terms of Use but also subject to legal conditions. Specific Terms of Use will be displayed in the corresponding ordering process, and service statements paid for the site are not legally binding. In the case of a valid contract for a fee-for service, its conclusion is limited only by the specific conditions of each transaction.

● SEMS-Portal users must expressly endorse these Terms of Use when using the fee-based services. Users' general terms and conditions will be excluded, and users are not entitled to such general terms and conditions. This clause also applies in the context of the ongoing business relationship between the user and GoodWe, this also applies to the general ordering and procurement of users who apply for services or products instead of charging for services.

Use and Registration

● Specific services are only available to registered users. GoodWe can define access standards or grant access to registry areas. For users who meet these standards, GoodWe can also grant access to their specific services. Users must register when using a service. Registered users will receive a password or user data identification. Users must keep these access data confidential.

● If a registered user meets the conditions for applying for a fee-based service, the User is entitled to use the services and functions provided in the directory text according to the Terms of Use.

● If the User does not use the paid service, GoodWe may approve, restrict, or cancel the User's right to use the service, approved service, and application. As far as the charging service is concerned, GOODWE has the right to restrict the User's access every time, and in the case of compliance with the conditions described in this article or other unfinished matters, it may also completely prevent users from accessing the necessary range.

● Users must inform GoodWe at the earliest time of any loss or dispute arising from the misuse of data. After GoodWe has been informed, we will take the necessary countermeasures. Especially in an event of misuse, GOODWE will prevent users from further using or applying for services. Misuse may include but is not limited to unlawful use or unauthorized use of the site for destructive access results in overloading the site (For example, sending a lot of announcements or messages [spam]) or accessing data using a virtual private network, or other behaviors causing undue harm to other users, causing the spread of such viruses and Trojans. GoodWe also reserves the right, at its sole discretion, to reject， move or delete the User's post, restrict, suspend, or terminate his/her access to the Website, and may retain or delete his/her information or content.

Account Security and Use Restriction

● User shall not impersonate another person or entity, or forge his/her identity to access GoodWe's Website. If any portion of the Website requires the User to create an account or set up a User profile, the information the User provides must be truthful and accurate. Users agree to keep their account information secure and confidential and to never allow another person or entity to access their own account or profile using their username or password at any time, otherwise, User may be held liable for the losses incurred by GoodWe or any other users or visitors to this Website.

● The User must maintain the security of their Account and immediately notify GoodWe if they discover or suspect that someone has accessed their account without their permission. User shall not license, sell, or transfer their Account without GoodWe's prior written approval.

● User can only use the searched information and network service results within the framework of this article and use the fee-based services according to the corresponding effective special conditions. In any case, User must not use computer programs (such as crawlers) to read data automatically or use this Website and its content to engage in any activity that endangers cybersecurity and any computer system.

● When using this Website and its service, User agree to comply with applicable laws . User may not read, copy, reproduce, or publish SEMS-Portal content unless they have the consent of the corresponding copyright holder, or disseminate any illegal information to infringe on any other person's rights or to disturb the social order and undermine social stability. However, within the framework of the platform's functionality, GoodWe grants User the right to disclose to third parties or use the website's data system. (For example, photovoltaic plants with converters and data transmission equipment) Only with GoodWe's written permission, User can use the retrieved information and the services provided by GoodWe.

● User may not do any of the following:

□  Posting illegal content or soliciting or facilitating illegal or prohibited transactions; or

□  Revealing someone's confidential information is not allowed; or

□  License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the website or make the SEMS-Portal available to any third party; or

□  Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the website; or

□  Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of GoodWe or its affiliates, partners, suppliers, or the licensors of the website; or

□  Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services; or

□  Gain access to (or attempt to gain access to) another User's Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services; or

□  Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features; or

□  Use the Services to violate applicable law or infringe any person's or entity's intellectual property rights or any other proprietary rights; or

□  Use the Services in any manner that we reasonably believe to be an abuse of or fraud on GoodWe or any payment system; or

□  Access or collect data from our Websites using automated means or a virtual private network (without our prior permission) or attempt to access data you do not have permission to access.

□  GoodWe can remove, delete the User's content or restrict, suspend, or terminate his/her access to the website provided the user is in violation of the provisions herewith foreseen.

Make Changes to SEMS-Portal Content

● GoodWe reserves the right to make changes, additions, and deletions to the design and content of the SEMS-Portal and may suspend the service temporarily or permanently without prior notice.

● For the paid services affected by this, GoodWe will provide users with alternative services of equivalent value or return some fees to the users.

● In the event of a claim arising out of a change in the terms of use, termination of the service or website, the user will not be entitled to claim damages, compensation, or other claims.

Remote Firmware Updates

By using the SEMS platform, the user acknowledges and agrees that GoodWe reserves the right to perform remote firmware updates on inverters or batteries connected to the SEMS platform. These updates may be necessary for the purpose of maintaining system performance, enhancing security, or providing new features. The user consents to such updates, understanding that they will be conducted without prior notice.

During the firmware update process, the inverter may need to reboot, which could result in temporary disruption to any devices connected to the backup port. GoodWe shall not be held liable for any loss of data, device malfunctions, or abnormal behavior of external devices resulting from such disruptions. Users are advised to take necessary precautions when connecting sensitive equipment to the backup port.

User's Own Content

User can create or submit their own content (i.e. information, text, links, graphics, photos, videos, or other materials) on the platform. GoodWe takes no responsibility for and does not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of user's Content. These terms of use allow the following operation:

● With enough memory in the database, User can create their own content or authorize others to create content. The user does not have the right to request disclosure of content submitted or permanently stored on the site. GoodWe assumes no responsibility for the correctness and form of content posted by users. In addition, User must ensure the rights of third parties, and ensure that third-party trademarks, copyrights, and personal property are not infringed.

● By submitting Your Content to the Services, User represents and warrants that he/she all rights, power, and authority necessary to grant the rights to their Content contained within these Terms. User may not publish content on violence, pornography, discrimination, and may not publish content that infringes other individuals' personal honors or other violations of law and ethics.

Legal Warranty and Liability

● GoodWe does not assume any responsibility for the authenticity, timeliness, correctness, completeness, or quality of the information provided.

● If there is no evidence that a major error was intentionally caused by GoodWe, and the User uses free information, error information, or incomplete information to cause damage to the material or natural knowledge, GoodWe shall not be liable for it. This applies to injury caused by loss of use rights, loss of data, or damage to production. GoodWe is only responsible for the typical data recovery costs that occur during the routine production and risk production.

● For the content obtained from the service and whether the service achieves the corresponding information provided was for User notification only and did not require the User to pay or provide evidence of claims for energy feeds to grid operators. As far as the status of the current website is concerned, it is not possible to meet 100% of the user's data use requirements.

● GoodWe shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. GoodWe does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Content is not under our control, the use of Third-Party Content is at User's own risk and User should make any investigation necessary before proceeding with any transaction in connection with such Third-Party Content.

● The terms of special conditions apply to incidents caused by defects in charging services and related liabilities arising from breach of contractual obligations for paying services.

Intellectual Property

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by GoodWe, its licensors or other providers of such material and are protected by China, German and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of GoodWe, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Changes to Terms of Use

● GoodWe may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates"). GoodWe may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, GoodWe will notify the User (for example, through our Service) before we make changes to these Terms and allow the User to review them before they go into effect.

● Updates may modify or delete certain features and/or functionalities of the website. User agrees that GoodWe has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

● User further agrees that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement. Then, if User continues to use the Service, they will be bound by the updated Terms. If User does not want to agree to these or any updated Terms, he/she can delete his/her account.

Data Protection

GoodWe and the User agree to process personal data only in accordance with the GDPR and other applicable data protection laws. Where these Terms of Use set forth the terms defined in Art. 4 GDPR respectively, those terms shall have the same meaning as in the GDPR.

GoodWe and the User acknowledge that for the processing of personal data in connection with the SEMS-Portal Website (https://www.semsportal.com) and the SEMS-Portal, the following applies:

● Provision of the SEMS-Portal Website (including registration/login process for SEMS-Portal):

For the provision of the SEMS-Portal Website (including registration/login process for SEMS-Portal) and its functionalities, GoodWe Technologies Co., Ltd. acts as a controller pursuant to the GDPR. For more information about the associated processing of personal data, data subjects can refer to the SEMS-Portal Website Privacy Policy (available here: https://www.semsportal.com/Home/GoodweReadLiteratureView?id=Privacy_policy&page=login).

● Provision of the SEMS-Portal and associated processing of Content Data:

For making available the SEMS-Portal and the associated processing of Content Data (as defined in the SEMS-Portal Data Processing Agreement), GoodWe Europe GmbH acts as processor and the User acts as controller pursuant to the GDPR. The associated processing of personal data is subject to the provisions of the SEMS-Portal Data Processing Agreement (“SEMS-Portal DPA”) (available here: https://www.semsportal.com/Home/GoodweReadLiteratureView?id=DPA&page=login). The SEMS-Portal DPA is executed and entered between GoodWe Europe GmbH and the User upon registration. For the avoidance of doubt, GoodWe Technologies Co., Ltd. is not and will not become a party to the SEMS-Portal DPA and its Annexes.